Hit by a Car While Walking in Kansas

If a driver hit you while you were walking, get medical help for your injuries. Call 911 if someone is hurt or there is an immediate danger. Do not delay care to take pictures or collect insurance information.

Once you are safe, start with what you know. You may have questions about medical bills, the driver’s account of the crash, or whether your own insurance can help. Biesterveld & Crook handles roadway injury cases throughout Kansas, including pedestrians hit by vehicles.

What information should I save after being hit by a vehicle?

Write down the date, time, and location as soon as you can. Describe where you were walking, where the vehicle came from, and what you remember about the impact. Separate what you saw from what someone told you later. If you do not know a detail, say so.

Keep the information you already have, including:

• The driver’s name, vehicle description, license plate, and insurance information.
• The police agency and report number, if officers responded.
• Witness names and contact information.
• Original photos or video of the crossing, signs, signals, lighting, vehicle, and surrounding area.
• Clothing, shoes, or personal belongings damaged in the collision.
• Treatment records, medical bills, appointment information, and records of missed work.

Photograph the scene only if you can do so safely. If you noticed a nearby business or doorbell camera, write down its location and tell your lawyer. Do not assume that it recorded the crash, that footage still exists, or that police obtained it.

If a work truck, delivery van, or other business vehicle was involved, save any company name, vehicle number, or markings you have. A logo alone does not establish who is responsible. If your injuries kept you from gathering information, tell us. You do not need a complete file before calling.

Who may pay my medical bills?

Kansas personal injury protection, usually called PIP, can cover certain medical expenses and other injury-related losses without first resolving fault. PIP can apply to people struck by a vehicle while on foot, as well as people inside a vehicle. Whether you qualify and which policy applies depend on the circumstances and applicable coverage rules. K.S.A. 40-3107(f); K.S.A. 40-3108.

Your own auto policy may matter even though you were walking. A household relative’s policy or the policy on the vehicle that struck you may also need review. Kansas law distinguishes among vehicle owners, qualifying household relatives, and other injured people. It also sets rules for which PIP policy is primary when more than one insurer is responsible. K.S.A. 40-3109.

Tell your lawyer whether you own a vehicle, whether you live with a relative who has auto insurance, where you live, and where the collision happened. Explain whether the vehicle physically struck you. An injury caused while avoiding a vehicle without contact needs a different coverage analysis.

Keep your bills and the insurance explanations you receive. PIP has limits, and the insurer can require proof of covered expenses and losses. Do not assume every bill will be paid because the driver was cited or an insurer opened a claim. K.S.A. 40-3110.

A claim against the driver raises separate questions about fault and damages. Kansas law sets additional conditions for recovering pain, suffering, and other non-economic losses in motor-vehicle tort claims. Those conditions concern the reasonable value of qualifying treatment or specified injuries. A lawyer can review your records and explain how they apply. K.S.A. 40-3117.

Who had the right-of-way?

The crossing location and signals matter. So do the driver’s actions and what each person could see. Kansas places duties on both drivers and pedestrians.

At a crosswalk

A crosswalk is not always painted. Kansas law also recognizes an unmarked crosswalk at an intersection where the sidewalk boundaries on opposite sides connect across the roadway. K.S.A. 8-1411.

When traffic signals are absent or not operating, a driver generally must yield to a pedestrian in a crosswalk who is on the driver’s half of the roadway or approaching closely enough from the other half to be in danger. A pedestrian must not suddenly leave a curb or another place of safety into the path of a vehicle so close that it presents an immediate hazard. Special rules apply where a pedestrian tunnel or overhead crossing is provided. K.S.A. 8-1533; K.S.A. 8-1534(b).

At a pedestrian signal

A person facing a WALK or walking-person signal may cross in that direction and has the right-of-way. A DON’T WALK or raised-hand signal means a pedestrian must not start crossing. Someone who began crossing on WALK and is partway across should continue to a sidewalk or safety island when the signal changes. These rules cover flashing as well as steady signals. K.S.A. 8-1509.

Outside a crosswalk or along the road

A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Between adjacent intersections with operating traffic signals, pedestrians must use a marked crosswalk. K.S.A. 8-1534.

For walking along a road, Kansas law generally requires use of an available sidewalk when practicable. If there is no sidewalk, the statute directs pedestrians toward the shoulder or, if neither is available, the outside edge of the roadway, with further rules about practicability and which side to use. Tell your lawyer whether a sidewalk or shoulder existed and whether you could use it. K.S.A. 8-1537.

Drivers also have a duty to use due care to avoid hitting pedestrians. Being outside a crosswalk does not, by itself, resolve everything the driver should have done. Describe the exact location, including whether the collision happened on a street, sidewalk, driveway, or parking lot, so the applicable rules can be checked. K.S.A. 8-1535.

What if the driver says I was partly at fault?

Fault attributed to you can reduce or prevent recovery. In an ordinary Kansas negligence claim, your causal negligence must be less than the combined causal negligence of the party or parties against whom you seek recovery. When recovery is allowed, damages are reduced in proportion to your negligence. K.S.A. 60-258a.

Do not treat the driver’s accusation as the final answer. Save the evidence about the crossing, signals, visibility, vehicle movement, and what witnesses saw. Tell your lawyer what you remember, including facts that may be disputed. The evidence needs to be reviewed before anyone can assess how fault affects your claim.

What if the driver left or had little or no insurance?

Do not chase a driver who leaves. Report what happened and give police any description, plate information, or direction of travel you remember. Keep witness contact details and original photos or video.

Uninsured or underinsured motorist coverage, often called UM or UIM, may be relevant. Your own auto policy can be worth reviewing even though you were on foot. The policy’s definition of an insured person, the circumstances of the collision, and applicable coverage rules matter. Kansas law addresses both UM and UIM coverage, but that does not establish coverage for every pedestrian or every loss. K.S.A. 40-284.

Tell your lawyer if the vehicle did not touch you. Kansas law permits certain UM exclusions or limitations where there is no evidence of physical contact and no reliable, competent evidence from a disinterested witness who is not making a claim under the policy. The policy language and available evidence need review. Do not assume that an unidentified driver means there is no possible claim. K.S.A. 40-284(e)(3).

How should I handle insurance requests and deadlines?

Find out which insurer is contacting you, whom it represents, and what it wants. Save the request and any stated response date. Before a recorded interview, ask a lawyer about the request. Your own policy may require notice and cooperation; do not ignore those duties while seeking advice. Read our guide to recorded statements after a crash.

Many Kansas negligence lawsuits for personal injuries are subject to a two-year limitation period. When that period begins and whether a different rule applies depend on the facts. Insurance notice and benefit requirements also need attention. Ask about deadlines promptly, especially if a child was injured or a government vehicle was involved. Do not treat this page as a calculation of your deadline. K.S.A. 60-513; K.S.A. 40-3110.

What should I bring to a consultation?

Start with the date, location, and a short account of what happened. Bring the report number, photos, witness details, medical bills, insurance policies, and correspondence you already have. Include records of missed work and any forms or settlement papers you signed.

You do not need to obtain every record before contacting us. Tell us what is missing and ask how to send documents. Do not put confidential or time-sensitive information into the website contact form. Our first-consultation guide explains what to expect. You can also read about what happens after hiring a roadway injury attorney.

For a pedestrian injury anywhere in Kansas, contact Biesterveld & Crook for a free consultation. Speak with Caleb or Dustin on your first call. Most clients get started from home by phone and email.

If you were hit in Missouri near Kansas City or Springfield, tell us where it happened. This page explains Kansas rules; a Missouri collision requires a separate review.

This page provides general information, not legal advice for a particular claim. Contacting the firm does not create an attorney-client relationship.